BELLINGHAM EDUCATIONAL SUPPORT TEAM CONSTITUTION
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1 BELLINGHAM EDUCATIONAL SUPPORT TEAM CONSTITUTION Article I: Article II: Article III: Article IV: Article V: Article VI: Article VII: Article VIII: Article IX: Article X: Name and Incorporation Purpose and Objectives Membership Dues, Fees, Assessments Representative Council Officers Executive Board Policy Authority Parliamentary Authority Amendments 1 Rev 06-09
2 BELLINGHAM EDUCATIONAL SUPPORT TEAM CONSTITUTION ARTICLE I NAME AND INCORPORATION Section 1: The name of this organization shall be Bellingham Educational Support Team, hereinafter referred to as BEST, and said organization shall be affiliated with the Washington Education Association (W.E.A.), and the National Education Association (N.E.A.). Section 2: BEST shall be incorporated as a nonprofit corporation under the laws of The State of Washington. ARTICLE II PURPOSE AND OBJECTIVES Section 1: Promote the efficiency and raise the standards of service of BEST classified support employees of Bellingham Technical College. This is to be accomplished through workshops, occupational training and other means. Section 2: Promote and provide systematic and effective employee management through collective bargaining. Confer and negotiate in good faith with the Bellingham Technical College on personnel matters, wages, hours, working conditions, grievance procedure, vacations, holidays, and other conditions of employment for the members of BEST. Section 3: Both as members and as citizens, we shall also employ available legislative and political action to establish adequate state and federal funding for higher education and, at the same time, equitable consideration for classified school employees from the State Legislature. Section 4: Establish better fellowship and understanding among classified employees. Section 5: Establish a spirit of friendly cooperation with the Board of Trustees and other education associations throughout the state. 2 Rev 06-09
3 ARTICLE III MEMBERSHIP Section 1: Classified Support employees of Bellingham Technical College shall be eligible for membership. Section 2: Application for membership shall be made on the standard three-part form Dues Authorization and Membership utilized in accordance with the current Collective Bargaining Agreement. Section 3: All classified employees who meet the active membership requirement of the W.E.A. and the N.E.A. may, upon payment of dues as herein provided, become active members of BEST with full rights and privileges. Section 4: Active members of BEST shall also be members of the W.E.A. and the N.E.A. Section 5: Except for nonpayment of dues and assessments, no member shall be fined, censured, suspended, expelled, or otherwise disciplined, except as provided in the W.E.A. Constitution and Bylaws. Section 6: All members of BEST shall have equal rights and privileges within the BEST bargaining unit including: a. Nomination of candidates for BEST office. b. Voting in elections or on referendums of BEST. c. Holding elected or appointed office in BEST. d. Participation in the deliberations of and voting upon the business of the organization, including contract ratification. e. Attending membership meetings. Section 7: Unless otherwise expressly provided by law, persons who tender representation fees shall not have rights or privileges within BEST. 3 Rev 06-09
4 ARTICLE IV DUES, FEES AND ASSESSMENTS Section 1: BEST, W.E.A., and N.E.A. shall determine the annual dues pursuant to the authority governing their respective bodies. Section 2: BEST members and representation fee persons shall pay dues/fees as established in the Bylaws. The dues shall be payable within sixty (60) days of employment, or through monthly payroll deductions. Section 3: BEST may levy special assessments on its membership as provided in the Bylaws. ARTICLE V REPRESENTATIVE COUNCIL Section 1: The Representative Council shall be the legislative and policy making body of BEST. Section 2: The Representative Council shall consist of the Executive Board and representatives from the membership at Bellingham Technical College. Section 3: The term of office for each Representative on the Council shall be one (1) year beginning July 1. Section 4: Members of the Representative Council shall be elected as set forth in the Bylaws of BEST. Section 5: The composition of the Representative Council will reflect ethnic minority representation at least proportionate to the total ethnic minority membership of BEST. Section 6: Any member of BEST who is not a member of the Representative Council may attend its meetings in a non-voting capacity and receive permission to speak. Section 7: Any vacancy on the Representative Council shall be filled by appointment of President if remaining term is less than six months or by a special election within thirty (30) working days. 4 Rev 06-09
5 ARTICLE VI EXECUTIVE BOARD OFFICERS Section 1: The Executive Board officers of BEST shall be President, Vice President, Secretary, Treasurer, and Member Representatives. Section 2: BEST officers shall be elected for a term of one (1) year beginning July 1 of each year. Section 3: In the event of a vacancy in the office of President, the Vice President shall become President of BEST for the remainder of the term. Section 4: The duties of the officers shall be as provided in the Bylaws of BEST. Section 5: The election of officers of BEST shall be as set forth in the Bylaws of BEST. Section 6: An elected officer of BEST may be removed from office for cause by a recall election which may be initiated by a petition filed by twenty (20) percent of the general membership. Section 7: A general membership meeting will be scheduled for the recall election within twenty (20) days after receipt of either the Executive Board's recall motion or the membership's recall petition. This election shall be determined by a majority of those casting valid ballots. ARTICLE VII EXECUTIVE BOARD Section 1: The Executive Board shall be the body through which the general administrative and executive functions of BEST shall be carried out. Section 2: The Executive Board of BEST shall consist of the elected officers of BEST. Section 3: The duties of the Executive Board shall be provided for in the Bylaws of BEST. Section 4: The Bylaws shall guarantee and set forth procedures for ethnic minority representation on the Executive Board at least proportionate to the ethnic minority membership in BEST. Section 5: Except for the office of President, vacancies on the Executive Board shall be filled as follows: a. If six (6) months or more remain in the term, a special election will be held. b. If less than six (6) months remain the President may fill the vacancy by appointment with the concurrence of the Executive Board and the Representative Council. 5 Rev 06-09
6 ARTICLE VIII POLICY AUTHORITY Section 1: A quorum shall consist of a simple majority of the voting membership of any BEST body at any duly authorized BEST meeting with the exception of the general membership. Section 2: A quorum of the general membership will consist of twenty (20) percent of the eligible voting members of the BEST. ARTICLE IX PARLIAMENTARY AUTHORITY Section 1: Except as otherwise stipulated in the Constitution and Bylaws of BEST and the laws of the State of Washington, BEST shall be governed by Sturgis Standard Code of Parliamentary Procedure. ARTICLE X AMENDMENTS Section 1: Proposals to amend this constitution may be made to the Representative Council by the Executive Board of BEST or by petition of twenty (20) percent of the general membership. Section 2: This constitution shall be amended by a two-thirds (2/3) secret ballot vote of the membership, provided that the proposed amendment has been previously submitted to the Representative Council. Section 3: Notice of a Constitutional election and any proposed amendments to the Constitution shall be published and distributed to the general membership at least twenty (20) days prior to the conducting of the election. Section 4: Amendments to the Constitution shall become effective immediately after the election unless otherwise provided for in this Constitution. 6 Rev 06-09
7 BELLINGHAM EDUCATIONAL SUPPORT TEAM BYLAWS Article I: Article II: Article III: Article IV: Article V: Article VI: Article VII: Article VIII: Article IX: Article X: Article XI: Membership Dues, Fees, Assessments Meetings Duties of the Representative Council Duties of the Executive Board Duties of the Officers Nominations and Elections Committees Membership and Fiscal Year Ratification of Agreement Amendments 1
8 BELLINGHAM EDUCATIONAL SUPPORT TEAM BYLAWS ARTICLE I MEMBERSHIP Section 1: All classified support employees at Bellingham Technical College shall be eligible for local BEST membership. ARTICLE II DUES, FEES, ASSESSMENTS Section 1: BEST members and representation fee payers shall pay the amount of thirty-one dollars ($31.00) per year for local dues. Section 2: Special provisions may be made for members of other locals transferring into this local during the membership year. Section 3: Members who wish to support the Sunshine Fund may sign a petition which will authorize the College to deduct five dollars ($5.00) per year from their payroll disbursements. a. The Sunshine fund shall be an accrual fund. Section 4: The President of BEST shall have two days of Association leave per month to conduct BEST business. These days will be paid by the BEST members fund. Section 5: Special assessments may be levied by a two-thirds (2/3) vote of the active members, provided they include a termination of the special assessment in either dollar amounts or a specific date. 2
9 ARTICLE III MEETINGS Section 1: An agenda of the subjects to be discussed at a meeting shall be sent out to all members one week prior to the date of the meeting. Section 2: The Executive Board shall meet according to a calendar it establishes yearly. Section 3: There shall be at least four (4) Executive Board meetings per year. All Executive Board meetings shall be called by the President with at least three (3) days written notice or by a majority of the Executive Board with at least three (3) days written notice or . Section 4: All meetings of the membership, except emergency special meetings, shall be announced by a written or notice to each member at least seven (7) days in advance of said meeting. Section 5: A special meeting of the membership may be called by the President or the Executive Board or within five (5) days of the receipt of a petition to the President signed by twenty (20) percent of the membership. Section 6: The Executive Board, by a majority vote, may call an emergency meeting of any governance body at any time. 3
10 ARTICLE IV DUTIES OF THE REPRESENTATIVE COUNCIL Section 1: The duties of the Representative Council shall consist of the following: a. Establish BEST policies and objectives. b. Establish guidelines and hear continuing reports from all BEST committees. c. Adopt the annual budget. d. Propose dues for approval by the membership. e. Approve or ratify the establishment of paid positions in BEST. f. Approve or ratify the establishment of committees not established in the Bylaws. g. Adopt rules and agendas for its meetings. h. Enact such other measures as may be necessary to achieve the goals and objectives of BEST which are not in conflict with the Constitution and Bylaws. Section 2: The duties of a Representative Council member shall consist of the following: a. Be elected by the members on the basis of one (1) representative for each 10 members. b. Term of office shall be for one (1) year. c. Shall become familiar with the collective bargaining agreement and the grievance procedures. d. Act as a liaison between the Executive Board and its committees and the membership. e. Serve on the membership committee. 1. At the beginning of each membership year, the member representatives shall be responsible for verifying the membership records. 2. Divide membership into groups of responsibility for each representative. 3. Inform new employees in their jurisdiction of their rights under the contract. 4
11 4. Maintain a phone tree and/or an tree of the members under his or her jurisdiction. f. Assist the Secretary to distribute pertinent information to members in a timely manner. g. Designate an alternate to serve in their absence. 5
12 ARTICLE V DUTIES OF THE EXECUTIVE BOARD Section 1: The Executive Board shall conduct and manage the affairs and business of BEST, including interpretation of the Constitution and Bylaws between meetings of the Representative Council. Section 2: The Executive Board shall prepare and submit an annual budget to the membership for approval. Section 3: The Executive Board shall implement motions and resolutions approved by the Membership and Representative Council and implement measures consistent with the Constitution, Bylaws and policies of BEST. The Executive Board shall schedule the time and place and shall make all necessary arrangements for all meetings of BEST. Section 4: With the exception of committees established by the membership or the Representative Council, the Executive Board shall a. approve the appointment and discharge of all standing and special committee members; b. approve the creation of all special committees; c. review the activities of all committees. Section 5: Perform such other duties as may be imposed upon it by BEST. 6
13 ARTICLE VI DUTIES OF OFFICERS Section 1: The President shall a. Preside at all Representative council meetings, Executive Board Meetings, and General Meetings. b. Appoint and/or discharge all committee members with the approval of the Executive Board and Representative Council and serve as an ex-officio member of all committees or designate someone to do so. c. Charge committees with their duties. d. Represent BEST at meetings with College management. e. Prepare and submit an annual report of BEST activities to the incoming President. f. The Executive Board will provide equal opportunity for representation proportionate to the diversity of BEST membership. Section 2: The Vice President shall a. Act for the President in the President's absence and perform such other duties that the President or Executive Board may direct. b. Be an ex-officio member of all BEST committees and serve on the Conference Committee c. Become familiar with the duties and responsibilities of the President and learn the policies and procedures as set forth in the Constitution and Bylaws of the local, state and national associations. d. Assume the duties of the President in the President's absence, resignation or death. 7
14 Section 3: The Secretary shall a. Be responsible for ensuring that appropriate information is distributed to BEST members in a timely manner. b. Keep accurate minutes of all Executive Board meetings; distribute copies of the Executive Board minutes to Executive Board members within ten working days following each meeting; distribute minutes of general membership meetings to all members within thirty days following meetings. c. Be responsible for maintaining an attendance roster at General Membership and Executive Board meetings. d. Be responsible for conducting such official BEST correspondence as the President or Executive Board deems necessary. e. Maintain the records and files of the BEST. f. Distribute copies of all proposed amendments to the Constitution and Bylaws. g. Chair the Ballot Committee and direct all balloting procedures. Section 4: The Treasurer shall a. Keep accurate records of all monies received and disbursed by BEST. b. Prepare a tentative budget, to be presented for approval to the Representative Council/Executive Board, by the August Meeting. c. Prepare the books for yearly audit to be completed by August 1. d. Give a budget status report at each Representative Council/Executive Board meeting. e. Prepare a financial report for each Representative Council/Executive Board and General Membership meeting. f. File the appropriate federal and state forms. g. Chair the Membership Committee. h. Inform secretary and membership committee of the addition of new members. 8
15 ARTICLE VII NOMINATION AND ELECTION OF OFFICERS EXECUTIVE BOARD REPRESENTATIVE AND WEA AND NEA DELEGATES Section 1: The President, with the approval of the Executive Board and the Representative Council, shall appoint a Nominating Committee consisting of at least two (2) members who shall complete a slate of candidates for BEST officers and for any Executive Board Representatives-atlarge. This slate shall be prepared for the March Representative Council meeting with recommendations for the time and place of the election and an election procedure that guarantees fairness. Each nominee must be a member in good standing and give his/her consent to appear on the ballot. Section 2: In addition to the provision of Section 1 above, nominations from the floor shall be called for and received at the General Meeting that follows. Once the nominations from the floor at said General Meeting are recorded, nominations shall be closed. Section 3: The slate of officers shall include candidates for all BEST offices. Section 4: The Representative Council/Executive Board shall approve the time and place of nominations and elections and ensure that they are convenient for the greatest possible attendance and/or participation by all active members. The election shall be by secret ballot, observing the one person, one vote principle. Section 5: To be elected, a candidate must receive a majority of the votes cast. In the event of a tie, the Executive Board shall hold a run-off election within fifteen (15) days between the candidates receiving the most votes. 9
16 ARTICLE VIII COMMITTEES Section 1: Standing committees are authorized by the Bylaws. Section 2: Special committees may be established by the Executive Board/Representative Council. Section 3: Committee members shall be appointed by the President with the approval of the Executive Board/Representative Council. a. Standing committee members shall serve from July 1 until June 30 of the year for which they are appointed or until discharged by the President with the approval of the Executive Board/Representative Council. b. Special committee members shall serve until their committee is dissolved by the Executive Board/Representative Council or until discharged by the President with the consent of the Executive Board/Representative Council. Section 4: Standing committees shall include, but shall not be limited to: a. Conference Committee: 1. It shall be the duty of the Conference Committee to discuss with the college administration appropriate matters and problems that arise during the year as they relate to the administration/interpretation of the collective bargaining agreement. This committee shall be composed of the President, the Chairperson of the Negotiating Committee and up to three other members at-large appointed by the President. b. Negotiating Committee: 1. It shall be the duty of the members of the negotiating committee to effectively and assertively represent the best interest of the entire BEST bargaining unit. 2. This committee shall be composed of members appointed by the BEST President. 10
17 c. Grievance Committee: 1. To process grievances of members. 2. To recommend to the Executive Board whether or not a grievance should be pursued through arbitration. 3. This committee shall be composed of the grievance chairperson and at least one other member. d. Membership Committee: 1. It shall be the duty of the Membership Committee to promote morale and participation of membership within BEST. 2. This committee shall be composed of the Treasurer and the member representatives. They shall keep an accurate record of all BEST members. 3. The members of this committee shall greet each new member with a welcome packet. e. Election Committee: 1. It shall be the duty of the Election Committee to complete a slate of candidates for the BEST officers and for any Executive Board Representatives at large and to create, print, distribute, and count ballots for all BEST elections. 2. This committee shall be composed of the Secretary and two other members. f. Legislative Committee: 1. This committee will keep the members informed of all legislative activities which affect members of BEST. 2. This committee shall be composed of at least one BEST member. g. Social Committee: 1. This committee will arrange and notify BEST members of social functions during the year and retirement recognition functions when necessary. This committee shall also be the "Sunshine" representative of BEST. 2. This committee shall be composed of at least two BEST members. 11
18 h. Audit Committee: 1. This committee is composed of a minimum of two (2) past officers. They shall prepare and provide a financial audit report to be submitted to the membership. Section 5: The term of the standing and/or special committees shall be from July 1 to June 30, unless otherwise extended by the Executive Board. Section 6: A majority of the members of any committee shall constitute a quorum. Section 7: All committee chairpersons may be requested to report at meetings. 12
19 ARTICLE IX MEMBERSHIP AND FISCAL YEAR Section 1: The membership and fiscal year shall be July 1 through June 30. ARTICLE X RATIFICATION OF AGREEMENT Section 1: Ratification of negotiated agreement or amendments to the negotiated agreement shall occur at a general membership meeting or an emergency meeting called by the Executive Board. Section 2: Except in a stop-work situation, at least a twenty-four (24) hour written notice or e- mail of the ratification meeting is required. The notice shall specify the date, time, place and purpose of the meeting. A copy of this notice shall be included in the minutes of the meeting. Section 3: The President and the chairperson of the bargaining team shall be authorized to sign a legal and binding yearly or multi-year agreement with the employing board only after completion of the following procedure at a general membership meeting or an emergency meeting called by the Executive Board. a. A report and recommendation by the bargaining team. b. A report and recommendation by the Executive Board. c. A written digest of the proposed agreement or changes provided to all members in attendance at the ratification meeting. d. Discussion by the membership. e. A majority affirmative vote, by secret ballot, of the total active membership present and voting. Section 4: Strike action must be authorized by a simple majority vote of those members present and voting in a general membership meeting or an emergency meeting called by the Executive Board. 13
20 ARTICLE XI AMENDMENTS Section 1: Proposals to amend these Bylaws may be made to the Representative Council by the Executive Board of BEST or by petition of twenty (20) percent of the general membership. Section 2: These Bylaws shall be amended by a two-thirds (2/3) secret ballot vote of the membership, provided that the proposed amendment has been previously submitted to the Representative Council. Section 3: Notice of a Bylaws election and any proposed amendments to the Bylaws shall be published and distributed to the general membership at least twenty (20) days prior to the conducting of the election. Section 4: Amendments to the Bylaws shall become effective immediately after the election unless otherwise provided for in these Bylaws. 14
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